Legal Theories and Rules Quiz
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Questions and Answers

What type of rules creates behaviors or conducts that they regulate?

  • Constitutive Rules (correct)
  • Regulative Rules
  • Descriptive Rules
  • Normative Rules

    • Regulative rules limit freedom by existing independently of the actions they regulate.

    True

    Name an example of a regulative rule.

    Traffic laws

    In chess, violating the rules means you are no longer playing ___ .

    <p>Chess</p> Signup and view all the answers

    Match the following types of rules with their characteristics:

    <p>Regulative Rules = Actions exist independently Constitutive Rules = Create new behaviors Rights = Not limiting freedom Constitution = Contains both types of rules</p> Signup and view all the answers

    Which of the following statements is true about voting in relation to rules?

    <p>Voting can be treated as constitutive and regulative.</p> Signup and view all the answers

    Rights count as regulative rules since they limit personal freedom.

    <p>False</p> Signup and view all the answers

    What main topics of debate arise concerning law?

    <p>Where law comes from and what makes law valid.</p> Signup and view all the answers

    What does the descriptive sense of law refer to?

    <p>Law as it is</p> Signup and view all the answers

    A law that is habitually infringed is considered valid according to the normative sense of law.

    <p>False</p> Signup and view all the answers

    What is the primary function of law in society?

    <p>To regulate interactions between groups and establish rights and obligations.</p> Signup and view all the answers

    Politics involves deciding which ______ to prioritize in society.

    <p>goals</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Descriptive Law = Law as it is Normative Law = Law as it should be Efficacy of Law = The effectiveness of law in regulating society Political Decision Making = Choosing which goals to prioritize in society</p> Signup and view all the answers

    According to Hans Kelsen, which aspect of a law is crucial for it to be considered effective?

    <p>It must regulate political and social life</p> Signup and view all the answers

    The elementary view of politics suggests a problem-solving approach through democratic decision-making only.

    <p>False</p> Signup and view all the answers

    What example demonstrates the failure of a legal system in Nazi Germany?

    <p>The election laws were altered to limit options to predetermined candidates.</p> Signup and view all the answers

    What does H.L.A. Hart argue regarding primary rules?

    <p>They regulate behaviors.</p> Signup and view all the answers

    According to Hart, all rules impose obligations and sanctions.

    <p>False</p> Signup and view all the answers

    What are the three types of secondary rules according to Hart?

    <p>Rules of Change, Rules of Adjudication, Rules of Recognition</p> Signup and view all the answers

    In Locke's State of Nature, humans have basic intuitions about certain _____ or _____ actions.

    <p>good, bad</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Primary Rules = Regulate behaviors Rules of Change = Confer powers to enact legislation Rules of Adjudication = Establish conflict adjudication Rules of Recognition = Decide the validity of a legal system</p> Signup and view all the answers

    Which of the following best describes Classic Natural Law as articulated by John Locke?

    <p>It forms a legal order based on rational agreement.</p> Signup and view all the answers

    Hart claims that there is a habit of obeying the new king after a succession.

    <p>False</p> Signup and view all the answers

    What concept does Hart challenge with the idea of habitual obedience?

    <p>The notion that obedience to the sovereign is automatic and continuous.</p> Signup and view all the answers

    What is NOT one of the three elements of social cooperation based on Justice as Fairness?

    <p>Hierarchical Authority</p> Signup and view all the answers

    Justice as Fairness requires cooperation to be coerced.

    <p>False</p> Signup and view all the answers

    What are the two moral powers that define a person in the political conception according to Rawls?

    <p>Sense of Justice and Conception of the Good</p> Signup and view all the answers

    In Justice as Fairness, the __________ regulates basic rights, duties, and the fair distribution of benefits.

    <p>principles of justice</p> Signup and view all the answers

    Which of the following best describes a person in Rawls's political conception?

    <p>A free, equal, and rational agent</p> Signup and view all the answers

    Match the elements of Justice as Fairness with their descriptions:

    <p>Guided by Rules = Must be voluntary and operate through recognized procedures Fair Terms of Cooperation = Regulates basic rights and duties based on reciprocity Participants' Rational Advantage = Balances individual goals with collective fairness</p> Signup and view all the answers

    How is Rawls's conception of the person different from a comprehensive view?

    <p>It is political, not metaphysical; it focuses on rights and responsibilities rather than spiritual traits.</p> Signup and view all the answers

    Every participant in social cooperation must accept the same terms to achieve fairness.

    <p>True</p> Signup and view all the answers

    Which of the following should judges base their rulings on?

    <p>Constitutional justifications</p> Signup and view all the answers

    Legislators should justify public policies using personal ideologies.

    <p>False</p> Signup and view all the answers

    What should citizens consider when voting on constitutional matters?

    <p>Public values</p> Signup and view all the answers

    Personal reasoning occurs within _____ society.

    <p>civil</p> Signup and view all the answers

    When citizens vote, they should be guided by which kind of reasoning?

    <p>Public reason</p> Signup and view all the answers

    Nonpublic reasoning can be shared with the general public.

    <p>False</p> Signup and view all the answers

    What can happen to democracy if citizens only vote based on personal beliefs?

    <p>It collapses into a battle of self-interest.</p> Signup and view all the answers

    What is the main purpose of the Original Position concept in Rawls’s theory?

    <p>To ensure impartiality in the design of justice principles</p> Signup and view all the answers

    Schmitt believes that amendments to a constitution do not fundamentally change its nature.

    <p>False</p> Signup and view all the answers

    What does Schmitt criticize in relation to laws and their validity?

    <p>Legal positivism</p> Signup and view all the answers

    Rawls’s hypothetical scenario where agents design justice principles is called the _______.

    <p>Original Position</p> Signup and view all the answers

    How does Schmitt view the relationship between a constitution and the political will of the subjects?

    <p>The validity comes from their faithfulness to the people's will</p> Signup and view all the answers

    The 'veil of ignorance' allows agents to know their personal statuses before creating justice principles.

    <p>False</p> Signup and view all the answers

    What does Schmitt mean by saying that laws must represent the political will of the people?

    <p>Laws should be valid based on their reflection of the people's desires rather than traditional legal norms.</p> Signup and view all the answers

    Study Notes

    What is Law? What is Politics?

    • Two views on law exist: Descriptive and Normative.
    • Descriptive view sees law as it is, focusing on facts and the letter of the law. This is exemplified by Newton's Laws of Motion.
    • Normative view sees law as it should be, focusing on how reality should be in line with the prescribed law.
    • Hans Kelsen discussed the efficacy of law, arguing that a law is invalid when it's habitually infringed upon.
    • Politics is about prioritizing goals and deciding which goals to focus on.
    • Carl Schmitt argued that the goals of the strongest are often prioritized in political systems.

    Law as a Normative Order

    • Law is a normative order that allows social life and politics to proceed.
    • Law aims to establish rights and obligations for members of a community.
    • Nazi Germany (as an example) didn't abolish elections but instead, changed election laws and offered a limited list of candidates.
      • Voters were offered only two options: "Yes" or "No."

    Rules: Regulative vs. Constitutive

    • Regulative rules govern existing behaviors (e.g., traffic laws).
    • Constitutive rules create the behaviors they regulate (e.g., rules in sports or board games).
    • Constitutional rules have both regulative and constitutive elements (e.g., voting procedures and public assembly).

    Positivism vs. Justice-Tracking Law

    • Legal Positivism prioritizes the origin of the law.
    • Justice-tracking law prioritizes the content (or merit and substance) of the law.
    • Differences in these two approaches arise in the question of how to establish a system of law, especially in disputes concerning the origin of a legal order, or the authority of a sovereign.

    Versions of Positive Law

    • Thomas Hobbes's contract theory proposes that justice and injustice originate from the enacted law. The sovereign's power is supreme.

    The Rights of the Sovereign

    • The sovereign is above the law.
    • The sovereign has the authority to:
      • Create property rights
      • Govern in times of war or peace
      • Impose legal consequences on others

    John Austin's Command Theory of Law

    • Law is a command from a sovereign backed by sanctions.
    • The sovereign is obeyed habitually and doesn't obey anyone else.
    • H.L.A. Hart critiqued this theory, arguing that all rules aren't commands and that habitual obedience isn't sufficient.

    Ronald Dworkin's Anti-Positivist View

    • Dworkin argues that law is not just a collection of rules but a complex tapestry of principles.
    • He proposes that we can't separate the letter of the law from the spirit of the law, thus questioning whether the law has a clear purpose.

    Locke's Second Treatise of Government

    • Individuals leave a state of nature to seek the protection of sovereign laws .
    • The relationship between the subject and the sovereign is viewed as a contract.

    Hobbesian Sovereign

    • The sovereign is supreme and above the law.
    • The sovereign's power is absolute.
    • Individuals form societies to escape a state of continuous war.

    Public Law vs. Private Law

    • Public law concerns relationships between individuals and public institutions (e.g., between the government and its citizens).
    • Private law concerns horizontal relationships between individuals. (e.g., between individuals or private companies).
    • Popular sovereignty suggests that the people are the ultimate source of political power and authority.
    • The will of the people can legitimately control government.
    • Kelsen developed a theory of legal positivism that prioritizes the rules for validating law(s).
    • Kelsen argues that the validity of a law hinges on a foundational rule (the Grundnorm).

    Rawls's Theory of Justice

    • John Rawls argues that justice is a fair system of cooperation among free and equal citizens.
    • Rawls argues that a society's rules should be established in a "veil of ignorance," where individuals do not know their positions in society, in order to establish impartiality, fairness, and fairness.
    • Rawls develops two principles of justice:
      • Basic rights and liberties
      • Reasonable inequalities

    Public Reason

    • Public reason refers to the shared principles that form the basis for political decisions.
    • Public reason excludes personal opinions, religious beliefs, etc.
    • It focuses on the common values and interests of all citizens.

    Veil of Ignorance

    • A mental thought experiment that removes biases that affect decision-making.
    • Injustice often comes as a result of bias, social or otherwise.

    Reflective Equilibrium

    • A way of achieving moral coherence, integrating general principles with particular judgments and beliefs.

    The Fact of Pluralism

    • Different viewpoints, moral beliefs, and religions exist in pluralistic societies.

    Overlapping Consensus

    • Multiple perspectives coexist regarding justice.
    • The agreement concerning justice is made without a common worldview.

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    Legal Theory Final Summary PDF

    Description

    Test your understanding of legal rules, their characteristics, and the implications of law in society. Participants will explore topics such as regulative rules, voting rights, and the effectiveness of laws according to Hans Kelsen. Ideal for students of law or those interested in legal philosophy.

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